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Kirk v. City of Atlanta

Kirk v. City of Atlanta, 180 S.E. 253 (Ga. Ct. App. 1935)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
May 20, 1935
Docket
No. 24639
Judges
MacIntyre
Citations
180 S.E. 25351 Ga. App. 2691935 Ga. App. LEXIS 659

Opinion of the Court — MacIntyre

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MacIntyre, J.

The certiorari was overruled on November 20, 1934, and the bill of exceptions recites: “Now within the time prescribed by law and within thirty days from the date of the error complained of” (the overruling of the certiorari), etc. The bill of exceptions was certified by the judge on December 17, 1934. This being a criminal case, it must affirmatively appear that the bill of exceptions was presented for certification within twenty days from the date of the judgment complained of, and it does not so appear in this case. See Jones v. State, 146 Ga. 8 ( 90 S. E. 280 ); McCrory v. State, 42 Ga. App. 287 ( 155 S. E. 781 ) ; Mansfield v. State, 94 Ga. 74 ( 20 S. E. 249 ); Mayfield v. State, 35 Ga. App. 578 ( 134 S. E. 188 ). This being a jurisdictional question, the court is without jurisdiction to entertain the case.

Writ of error dismissed.

Broyles, G. J., and Guerry, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1937: 11944: 119372026peak 1937 · 1

Relies on it most ⓘ

  1. Kirk v. State30 S.E.2d 791 (Ga. Ct. App. 1944)
  2. Terrell v. State192 S.E. 642 (Ga. Ct. App. 1937)

Most recent

  1. Kirk v. State30 S.E.2d 791 (Ga. Ct. App. 1944)
  2. Terrell v. State192 S.E. 642 (Ga. Ct. App. 1937)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Jones v. State, 90 S.E. 280 (Ga. 1916) 30
Mansfield v. State, 20 S.E. 249 (Ga. 1894) 4
Mayfield v. State, 134 S.E. 188 (Ga. Ct. App. 1926) 2
McCrory v. State, 155 S.E. 781 (Ga. Ct. App. 1930) 2

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